As used in this Article the following words shall have the meanings
set out below:
Any material or performance depicting sexual conduct, sexual
contact, or a sexual performance as these terms are defined in section
556.061, RSMo, and which has as one (1) of its participants or portrays
as an observer of such conduct, contact, or performance a child under
the age of eighteen (18); provided, that it shall not include material
which is not the visual reproduction of a live event.
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a street, highway
or public sidewalk, or from the property of others or from any portion
of the person's store, or the exhibitor's store or property when items
and material other than this material are offered for sale or rent
to the public.
Any pictorial or three dimensional material depicting human
masturbation, deviate sexual intercourse, sexual intercourse, direct
physical stimulation or unclothed genitals, sadomasochistic abuse,
or emphasizing the depiction of post-pubertal human genitals; provided,
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any statue or other figure, or any recording or
transcription, or any mechanical, chemical, or electrical reproduction,
or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing
plates and other latent representational objects.
Any person under the age of eighteen (18).
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
Any material or performance is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
Taken as a whole with the average person, applying contemporary
community standards, it depicts or describes sexual conduct in a patently
offensive way; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value;
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more;
Any material or performance is pornographic for minors if
the following apply:
The average person, applying contemporary community standards,
would find that the material or performance, taken as a whole, has
a tendency to cater or appeal to a prurient interest of minors; and
The material or performance depicts or describes nudity, sexual
conduct, sexual excitement, or sadomasochistic abuse in a way which
is patently offensive to the average person applying contemporary
adult community standards with respect to what is suitable for minors;
and
The material or performance, taken as a whole, lacks serious
literary, artistic, political, or scientific value for minors.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit,
or advertise, or to offer or agree to do the same.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks,
or the breast of a female in an act of apparent sexual stimulation
or gratification or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, or to offer
or agree to do the same for purposes of resale or redistribution.
A.
A person
commits the offense of promoting pornography for minors or obscenity
in the Second Degree if, knowing its content or character, he:
1.
Promotes or possesses with the purpose to promote any obscene material
for pecuniary gain; or
2.
Produces, presents, directs or participates in any obscene performance
for pecuniary gain; or
3.
Promotes or possesses with the purpose to promote any material pornographic
for minors for pecuniary gain; or
4.
Produces, presents, directs or participates in any performance pornographic
for minors for pecuniary gain.
A.
A person
commits the offense of furnishing pornographic material to minors
if, knowing its content and character, he:
1.
Furnishes any material pornographic for minors, knowing that the
person to whom it is furnished is a minor or acting in reckless disregard
of the likelihood that such person is a minor; or
2.
Produces, presents, directs or participates in any performance pornographic
for minors that is furnished to a minor knowing that any person viewing
such performance is a minor or acting in reckless disregard of the
likelihood that a minor is viewing the performance.
A.
In
any prosecution under this Article evidence shall be admissible to
show:
1.
What the predominant appeal of the material or performance would
be for ordinary adults or minors;
2.
The literary, artistic, political or scientific value of the material
or performance;
3.
The degree of public acceptance in this State and in the local community;
4.
The appeal to prurient interest in advertising or other promotion
of the material or performance;
5.
The purpose of the author, creator, promoter, furnisher or publisher
of the material or performance.
B.
Testimony
of the author, creator, promoter, furnisher, publisher, or expert
testimony, relating to factors entering into the determination of
the issues of obscenity or child pornography, shall be admissible.
C.
In
any prosecution for possession of child pornography or promoting child
pornography in the first or second degree, the determination that
the person who participated in the child pornography was younger than
eighteen (18) years of age may be made as set forth in Section 568.100,
RSMo, or reasonable inferences drawn by a judge or jury after viewing
the alleged pornographic material shall constitute sufficient evidence
of the child's age to support a conviction.
D.
In
any prosecution for promoting child pornography in the first or second
degree, no showing is required that the performance or material involved
appeals to prurient interest, that it lacks serious literary, artistic,
political or scientific value, or that it is patently offensive to
prevailing standards in the community as a whole.
Injunctions and declaratory judgments may be sought in accordance
with Chapter 573, RSMo.
